Reinvigorating Trade Unions through Members-Only Collective Agreements

Abstract

My argument is that unions could be revitalised if they were permitted to conclude members-only collective agreements.In 1993, Australian labour law was amended by establishing two tiers of collective bargaining. Unions could make certified agreements with single enterprise employers, however, enterprise flexibility agreements could be made by employers directly with their employees.These two streams were maintained until the Fair Work Act 2009 after which enterprise agreements could be made only between employers and their employees. Unions were entitled to be bargaining representatives and were able to apply to be covered by agreements, however, they were not parties.Members must pay union dues which defray bargaining and representation costs. Nonunionists often obtain benefits through the bargaining representative work of the union without paying any portion of the costs. Members may not receive any benefits which are not bestowed upon non-unionists.Our labour laws should enable unions to bargain with employers and conclude collective agreements which only cover their members. This is no more than what occurred under federal compulsory conciliation and arbitration for the first nine decades of the 20th Century.